Audio 3:37
Five year Dubai nightmare over as Marcus Lee arrives home

Sarah DingleUpdated
Mon Jan 20 09:25:00 EST 2014

Australian businessman Marcus Lee and his wife Julie have arrived in Sydney Airport after five years of fighting fraud charges in Dubai. Mr Lee was jailed in 2009 over allegations he was involved in a conspiracy to defraud a state-owned development company Nakheel. His lawyer John Sneddon says the consular assistance provided to Mr Lee has been priceless, and such assistance is an essential free service.

Transcript

TIM PALMER: A five year nightmare for Australian businessman Marcus Lee and his wife Julie will end this morning when the couple walk into the arrivals hall at Sydney Airport.

In 2009, Mr Lee was jailed in Dubai over allegations he was involved in a conspiracy to defraud a state-owned development company.

He was acquitted of all charges last year, but there have been a series of setbacks for his departure - the latest when he was turned away from Dubai's airport last week by security.

His release comes as the Department of Foreign Affairs and Trade reviews whether the amount of consular assistance it provides to Australians seeking help overseas is appropriate.

His lawyer, John Sneddon, told Sarah Dingle the consular assistance provided to Mr Lee has been priceless, and after years of fighting the charges, Mr Lee is in no position to pay for such assistance.

SARAH DINGLE: Marcus Lee's Dubai nightmare began on Australia Day 2009, when he was taken into a Dubai police station for questioning. Five years later, he's been cleared of all charges and his ordeal is finally over.

His lawyer John Sneddon says it's been a long road home.

JOHN SNEDDON: For me I guess I won't really be able to believe it until I see them walk into Mascot airport in Sydney.

SARAH DINGLE: It's easy to understand John Sneddon's caution.

On Friday, the Lees had spent the last of their money on tickets to Sydney, only to be stopped by airport security and told they were not allowed to leave Dubai.

JOHN SNEDDON: He had all his clearances in place but when he got to the airport he was told that there was still a flag against his name by the Department of State Security. Basically they weren't allowed to board the plane. It was quite a devastating thing because it was so close to them coming home after waiting so long.

SARAH DINGLE: What do you put that down to?

JOHN SNEDDON: I think it was just one of those administrative errors that happens sometimes.

SARAH DINGLE: In 2009 Marcus Lee was a senior executive working for government-owned development company Nakheel. He and fellow Nakheel employee Matthew Joyce were accused of defrauding the company of $14 million.

In the wake of the global financial crisis, which hit Dubai hard, the state was on the hunt for any wrongdoers. The pair were jailed for six months before charges were even laid.

A court finally cleared Mr Lee in mid-2013, but then an appeal was launched, which failed.

Turned away from the airport last week, the Lees then had to borrow money to change flights and lawyer John Sneddon says the Australian ambassador stepped in.

JOHN SNEDDON: Australia's ambassador to the UAE (United Arab Emirates), Pablo Kang, was making a lot of phone calls and speaking to people that needed to be spoken to and he kept Marcus fully informed.

You can't put a price on the assistance he received in the sense that it's kept him informed and it's given him some semblance of hope.

SARAH DINGLE: With more Australians overseas than ever before, the Department of Foreign Affairs and Trade is conducting a review into consular services.

Foreign Affairs Minister Julie Bishop has flagged the possibility of charging some Australians who get into difficulties overseas for consular assistance.

But John Sneddon says consular assistance is an essential service and in Marcus Lee's case, as a result of his ordeal, he has no ability to pay for the help he's received.

JOHN SNEDDON: His employer stood him down, his visa conditions prevented him from getting a job elsewhere. Marcus and Julie have spent all their money. They've sold everything they own. They've been eating two minute noodles and they have had a dreadful time and they're coming home absolutely stone motherless broke. They don't have any ability to pay for anything.

SARAH DINGLE: John Sneddon flew from Brisbane last night to finally meet his client this morning on Australian soil.